Selvakumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No. 20236 of 2018 Selvakumar .. Petitioner Vs.

1. The Superintendent of Police, Tirunelveli, Tirunelveli District.

2. The Inspector of Police, Kuruvikulam Police Station, Tirunelveli District.

3. Chinna Jothi .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the second respondent herein to provide adequate police protection to the petitioner's property and his family members on the basis of petitioner's representation dated 31.10.2018.

For Petitioner : Mr.V.Selva For Respondents : Mr.A.Robinson, Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed seeking direction to the second respondent herein to provide adequate police protection to the petitioner's property and his family members on the basis of petitioner's representation dated 31.10.2018.

2. The learned Counsel for the petitioner would submit that the properties in S.No.150/16, measuring to an extent of 6.50 ares, S.No.151/3 measuring to an extent of 8.00 ares having patta bearing No.810, Survey No.137/3 measuring to an extent of 34.50 ares bearing patta No.4463 and property in S.No.137/10 measuring to an extent of 46.00 ares having patta No.4467 are the ancestral properties of the petitioner's family and that the family members of the petitioner are in peaceful possession and enjoyment. He would further submit that the third respondent interfered with the possession and also filed a suit before the Subordinate Court, Sankarankovil in https://hcservices.ecourts.gov.in/hcservices/

O.S.No.19 of 2011 and the same was dismissed on 19.09.2017 and further the petitioner has been granted patta in his favour and that was also objected by the third respondent and that the objection has also been rejected. He would further submit that the third respondent continuously interfered with the peaceful possession and threatened the petitioner with his political influence and money power and that the petitioner sent a representation to the respondents-1 & 2 on 31.10.2018. Since the said representation has not been considered, the petitioner is before this Court.

3. The learned Government Advocate (Criminal Side) would submit that based on the complaint given by the petitioner, an enquiry had been initiated and both the parties have been asked to appear for enquiry.

4. In view of the submission made by both the learned Counsels, this Court is of the view that in the enquiry, if it is found that the third respondent is acting in violation of law, the second respondent shall take appropriate action.

5. This Criminal Original Petition is disposed of with the above observations.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Superintendent of Police, Tirunelveli, Tirunelveli District.

2. The Inspector of Police, Kuruvikulam Police Station, Tirunelveli District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.V.SELVA, ADVOCATE IN SR No. 95462 KSA TE/BK/SAR-1 : 13/12/2018 : 2P/5C Crl.O.P.(MD).No. 20236 of 2018 13.11.2018 https://hcservices.ecourts.gov.in/hcservices/